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Delhi Court September 2019 Judgments

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Sep 17 2019

Ravindra Kumar Hajela vs.registrar of Co-Operative Society and Ors.

Court: Delhi

Decided on: Sep-17-2019

$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8680/2019 and C.M. APPL. 35860/2019 RAVINDRA KUMAR HAJELA ........ Petitioner Through: Dr. K. S. Chauhan, Mr. Ravi Prakash and Mr. Ajit Kumar Ekka, Advocates. versus REGISTRAR OF CO-OPERATIVE SOCIETY AND ORS. ........ RESPONDENTS Through: Mr. Manoj Goel, Ms. Vibhuti Vasisth, and Ms. Mr. Wajech Shafiq Alemjungla, Advocates. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER1709.2019 Dr. S. Muralidhar, J.:1. The challenge in the present petition is two-fold. The first is a challenge to the expulsion of the... Petitioner as member of Respondent No.3, Nav Bharat Times Apts. Group Housing Society (hereafter Society). The other prayer is to declare the elections to the Management Committee of Respondent No.3 Society to be illegal inasmuch as the... Petitioners name was not included in the voters list.2. Preliminary objections have been raised by Respondent No.3 Society in W.P.(C) 8680/2019 Page 1 of 4 the short counter-affidavit...


Sep 17 2019

Bharat Sanchar Nigam Ltd. Vs.munna Lal

Court: Delhi

Decided on: Sep-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :-"17.09.2019 + W.P.(C) 7639/2019 BHARAT SANCHAR NIGAM LTD. Through: Mr.Deepak Thukral, Adv. ........ Petitioner versus Through: Mr.S.P. Srivastava, Adv. ..... Respondent MUNNA LAL CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present petition under Articles 226/ 227 of the Constitution of India assails the order dated 13.03.2019 passed by the learned Labour Court, New Delhi whereby the respondent/workmans application seeking permission to amend his claim statement dated 20.07.2012 has been allowed by permitting him to incorporate the following additional submissions:-"State owned telecommunication 4A . That Bharat Sanchar Nigam-Limited (BSNL), is an Indian company incorporated under the Companies Act 1956 and is an industry as defined in Section 2(j) of the Industrial Disputes Act 1947 and is having about 174216 employees in different category, having total assets of Rs.70,746.75 as per information ava...


Sep 17 2019

Prof. S K Atreya vs.union of India & Anr

Court: Delhi

Decided on: Sep-17-2019

$~35 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 17, 2019 % W.P.(C) 6720/2018 & CM APPL. 25492/2018 PROF. S K ATREYA ........ Petitioner Through: Mr. Sanjay Kumar Thakur, Adv. with petitioner in person. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anil Soni, CGSC for R-1 with Mr. Ankit Dwivedi, Advocate for UOI. Mr. Arjun Mitra, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE A.K.CHAWLA A.K. CHAWLA, J.(ORAL) the in By the instant petition, effect, petitioner, seeks transfer/appointment to the post of Associate Professor or Professor from the post of Chief Design Engineer (Selection Grade), IDD Centre.2. It emerges from the record that the petitioner, who initially joined IIT, Delhi as a faculty member in 1979, had come to be appointed to the post of Associate Professor sometime in the year 2000. On 26.10.2006, he came to be appointed as Chief Design Engineer (Section Grade), IDD Centre and he joined such post in the forenoon of the same day. At...


Sep 17 2019

United India Insurance Co. Ltd. Vs.raghav Singh & Ors

Court: Delhi

Decided on: Sep-17-2019

RAGHAV SINGH & ORS ........ RESPONDENTS versus CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Through: $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 788/2019, CM APPL. 41422/2019 & CM APPL. Decided on:17. 09.2019 41423/2019 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. This appeal impugns the award of compensation dated 10.05.2019 passed by the learned MACT in Case No.599/2017 on the ground that the motor vehicular accident which resulted in one fatality and injuries to the other pillion riders was caused because of the scooter rider was drunk. The appellant relies upon the noting in the MLC to the effect that there was smell of alcohol in his breath.2. On a query put to the learned counsel for the appellant whether the deceased had died on the spot and/or had been brought to the hospital and then declared dead, the answer is in the affirmative for the latter. In the circumstances when there is no breath, the likeliho...


Sep 17 2019

Bharat Sanchar Nigam Ltd. Vs.vikramjeet

Court: Delhi

Decided on: Sep-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :-"17.09.2019 + W.P.(C) 5782/2019 & C.M. No.25199/2019 (for stay) BHARAT SANCHAR NIGAM LTD. Through: Mr.Deepak Thukral, Adv. ........ Petitioner versus VIKRAMJEET Through: Mr.S.P. Srivastava, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present petition under Articles 226/ 227 of the Constitution of India assails the order dated 13.03.2019 passed by the learned Labour Court, New Delhi whereby the respondent/workmans application seeking permission to amend his claim statement dated 13.07.2012 has been allowed by permitting him to incorporate the following additional submissions:-"State owned telecommunication 4A . That Bharat Sanchar Nigam-Limited (BSNL), is an Indian company incorporated under the Companies Act 1956 and is an industry as defined in Section 2(j) of the Industrial Disputes Act 1947 and is having about 174216 employees in different category, having total assets of Rs...


Sep 17 2019

Reliance General Insurance Company Ltd. Vs.bhupesh Kumar Sharma & Ors.

Court: Delhi

Decided on: Sep-17-2019

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Decided on:17. 09.2019 MAC.APP. 952/2018 RELIANCE GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Mr. Rajeev M. Roy & Mr. P. Srinivasan, Advs. versus BHUPESH KUMAR SHARMA & ORS ........ RESPONDENTS Through: Mr. D.S. Dalal & Mr. Jogender Kumar, Advs. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) MAC. APP. 952/2018 & CM No.44775/2018 1. The learned counsel for the appellant submits that after examining the matter and upon instructions from the appellant, he would not like to press the issue of identity of the vehicle involved in the accident which injured the claimant. He, however, questions the quantum of compensation awarded by the impugned order dated 30.07.2018 passed in MACP Petition No.5288/2016, on the ground that the same is not based upon cogent reasons. It is his argument that 40% permanent disability suffered by the injured was taken to be 25% functional disability for the whole body.2. The Court finds ...


Sep 17 2019

Bharat Sanchar Nigam Ltd. Vs.sant Lal

Court: Delhi

Decided on: Sep-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :-"17.09.2019 + W.P.(C) 7633/2019 & C.M. No.31824/2019 (for stay) BHARAT SANCHAR NIGAM LTD. Through: Mr.Deepak Thukral, Adv. ........ Petitioner versus SANT LAL Through: Mr.S.P. Srivastava, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present petition under Articles 226/ 227 of the Constitution of India assails the order dated 13.03.2019 passed by the learned Labour Court, New Delhi whereby the respondent/workmans application seeking permission to amend his claim statement dated 20.07.2012 has been allowed by permitting him to incorporate the following additional submissions:-"State owned telecommunication 4A . That Bharat Sanchar Nigam-Limited (BSNL), is an Indian company incorporated under the Companies Act 1956 and is an industry as defined in Section 2(j) of the Industrial Disputes Act 1947 and is having about 174216 employees in different category, having total assets of Rs.7...


Sep 17 2019

United India Insurance Co Ltd vs.seema Khurana & Ors

Court: Delhi

Decided on: Sep-17-2019

$~7 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 974/2015 & CM APPL. 30809/2015 Decided on:17. 09.2019 UNITED INDIA INSURANCE CO LTD ..... Appellant versus + MAC.APP. 370/2017 SEEMA KHURANA & ORS ........ RESPONDENTS SEEMA KHURANA & ORS ..... Appellants versus UNITED INDIA INSURANCE CO LTD & ANR ........ RESPONDENTS Through: Mr. Pankaj Gupta, Advocate for insurance company. Mr. A.P.S. Jadaun, Advocate for R-5 in item 7. Mr. Anshuman Bal, Advocate for R- 1 to R-4 in item 7 and for appellant in Item 9. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Both these appeals i.e. MAC APP No.974/2015 filed by the insurance company and the cross-objection thereto filed by the claimant, in MAC APP. No.370/2017, impugn the Award of Compensation dated 05.11.2015 passed by the learned MACT in MACT Case No.184/2014. MAC.APP. No.974/2015 & 370/2017 Page 1 of 9 The appellant- insurance company has impugned it on the ground that without discussing rashness and negligence o...


Sep 17 2019

Lina Khosla & Ors vs.state of Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-17-2019

$~11 * + IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 33/2016 LINA KHOSLA & ORS ........ Petitioners Through: Mr. Rahul Sharma, Ms. Jyoti Dutt Sharma and Mr. C.K. Bhatt, Advs. Versus STATE OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr. Rajiv Kumar Ghawana and Ms. Akshita Chhatwal, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER1709.2019 The four petitioners, of which petitioners no.1&2 namely Lina Khosla % 1. and Sonia Dutta are the daughters, and the petitioners no.3&4 namely Navin Devichand and Takeshwar Devichand, are the sons of late Joginder Lal Devichand, filed this petition seeking Letters of Administration to the estate of late Joginder Lal Devichand on the basis of the document dated 7th October, 2002 stated to be the validly executed last Will of the said Joginder Lal Devichand.2. The only other son/heir of late Joginder Lal Devichand, namely Rajan Devichand was impleaded as respondent no.2.3. The petition was entertained and citation thereof ...


Sep 17 2019

M/S Gill International Ltd. Vs.union of India and Anr.

Court: Delhi

Decided on: Sep-17-2019

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. 09.2019 + W.P.(C) 3515/2019 M/S GILL INTERNATIONAL LTD. ........ Petitioner Through: Mr.Vipul Ganda, Mr.Vikas Yadav, Ms.Dipika Ganda and Mr.Aman Chaudhary, Advts. versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr.Ashim Sood, CGSC for R-1. Ms.Meenakshi Arora, Sr.Adv. with Ms.Mala Naryan, Ms.Neha Dawar, Mr.Rahul Narayan and Mr.Digvijay, Advts. for R-2/IOCL. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S.SISTANI, J.(ORAL) 1. This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a writ of mandamus against the respondents to quash decision dated 26.03.2019 of respondent No.2, whereby it is contended that the technical bid of the petitioner was rejected without giving any justifiable reasons and with the sole motive to favour another bidder.2. Some necessary facts which are required to be noticed for disposal of this writ peti...



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